Akila vs Dharmaraj
2023 Latest Caselaw 12116 Mad

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 08.09.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH

                                                Crl.O.P.No.20526 of 2023


            Akila                                                                      ... Petitioner
                                                          Vs.

            Dharmaraj                                                                 ...Respondent

            PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal
            Procedure, to withdraw the case in STC.No.414 of 2022 on the file of the Learned
            District Munsif cum Judicial Magistrate Court, Sendurai, Ariyalur district and transfer
            the same to the Learned Judicial Magistrate No.IV Tiruchirapalli.


                                     For Petitioners   : Mr.S.Mohamed Ansar


                                                       ORDER

This petition has been filed seeking for transfer of the case pending in

STC.No.414 of 2022 on the file of the learned District Munsif cum Judicial Magistrate,

Sendurai to any Court at Tiruchirapalli.

2.Heard the learned counsel for the petitioner and also carefully perused the

https://www.mhc.tn.gov.in/judis materials available on record.

3.The petitioner has sought for the transfer mainly on the ground that she is

suffering from locomotor disability on the left elbow and has 70% permanent physical

impairment. In view of the same, the petitioner has expressed difficulty in travelling for

nearly 120 Kms during every hearing.

4.The learned counsel for the petitioner submitted that the trial is yet to

commence in this case.

5.Taking into consideration the facts and circumstances of the case and the

ground that has been raised by the petitioner, this Court deems it fit to permit the

petitioner to be represented through a counsel before the Court below.

6.The learned counsel for the petitioner requested this Court to dispense with the

presence of the petitioner. Taking into consideration, the facts and circumstances of the

case, the presence of the petitioner is dispensed with and she shall be represented by a

counsel, who shall cross examine the witnesses on the same day, they are examined in

Chief. The petitioner shall be present before the Court below at the time of questioning

https://www.mhc.tn.gov.in/judis under Section 313 Cr.P.C and at the time of passing of the final judgement.

7.Accordingly, this Criminal Original Petition is disposed of with a direction to

the Court below to complete the proceedings in STC.No.414 of 2022 within a period of

four months from the date of receipt of a copy of this order. The trial shall be conducted

on a day to day basis in accordance with the guidelines given by Hon'ble Supreme Court

reported in Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the

petitioner adopts any dilatory tactics, it is open to the trial Court to insist upon the

presence of the petitioner and remand him to custody as per the judgment of the

Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH

SINGH (JT 2001 (4) SC 3191).

08.09.2023 Index : Yes/No Internet : Yes/No Speaking/Non-Speaking Order Neutral Citation : Yes/No ssr

To

1.The District Munsif cum Judicial Magistrate Court, Sendurai, Ariyalur district.

https://www.mhc.tn.gov.in/judis N.ANAND VENKATESH, J

ssr

2. The Judicial Magistrate No.IV Tiruchirapalli.

3.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20526 of 2023

08.09.2023

https://www.mhc.tn.gov.in/judis